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2003 No. 2398

HOUSING

The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003

  Made 18th September 2003 
  Laid before Parliament 24th September 2003 
  Coming into force in accordance with article 1(1)

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 122(1) and (6) of the Housing Act 1996[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 and shall come into force in relation to the area of a local authority specified in Schedule 1 to this Order on the date specified in that Schedule in relation to that local authority.

    (2) In this Order "local authority" has the same meaning as in the Social Security Administration Act 1992[
2].

Amendment of the Rent Officers (Housing Benefit Functions) Order 1997
     2.  - (1) The Rent Officers (Housing Benefit Functions) Order 1997[3] shall be amended in accordance with the following provisions of this article.

    (2) In paragraph (1) of article 2, at the appropriate places, insert - 

    (3) In paragraph (1) of article 2 in the definition of "relevant time" after the words "for the determination" insert the words "or board and attendance determination".

    (4) In sub-paragraph (a) of paragraph (2) of article 3 after the words "each local authority" insert the words ", except for a local authority which is a pathfinder authority,".

    (5) After article 4A insert the following articles - 

    (6) In article 5 (insufficient information) for the words "or a redetermination under article 4" substitute ", a redetermination under article 4, a board and attendance determination under article 4C or a board and attendance redetermination under article 4D".

    (7) In article 6 (exceptions) - 

    (8) Number the provision in article 7A (errors) as paragraph (1) of that article and after that paragraph insert the following paragraphs - 

    (9) In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Order (determinations - single room rents) - 

    (10) After Schedule 3 to the Order insert the new Schedule 3A set out in Schedule 2 to this Order.

Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
    
3.  - (1) The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997[5] shall be amended in accordance with the following provisions of this article.

    (2) In paragraph (1) of article 2, at the appropriate places, insert - 

    (3) In paragraph (1) of article 2 in the definition of "relevant time" after the words "for the determination" insert the words "or board and attendance determination".

    (4) In sub-paragraph (a) of paragraph (2) of article 3 after the words "each local authority" insert the words ", except for a local authority which is a pathfinder authority,".

    (5) After article 4A insert the following articles - 

    (6) In article 5 (insufficient information) for the words "or a redetermination under article 4" substitute ", a redetermination under article 4, a board and attendance determination under article 4C or a board and attendance redetermination under article 4D".

    (7) In article 6 (exceptions) - 

    (8) Number the provision in article 7A (errors) as paragraph (1) of that article and after that paragraph insert the following paragraphs - 

    (9) In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Order (determinations - single room rents) - 

    (10) After Schedule 3 to the Order insert the new Schedule 3A set out in Schedule 2 to this Order.



Signed by authority of the Secretary of State for Work and Pensions.


Chris Pond
Parliamentary Under-Secretary of State, Department for Work and Pensions

18th September 2003



SCHEDULE 1
Article 1


DATE ON WHICH ORDER COMES INTO FORCE FOR LOCALAUTHORITY AREAS


Local authority Date
Blackpool 17th October 2003
Brighton and Hove 19th January 2004
Conwy 19th January 2004
Coventry 15th December 2003
Edinburgh 19th January 2004
Leeds 19th January 2004
Lewisham 17th November 2003
North East Lincolnshire 19th January 2004
Teignbridge 15th December 2003



SCHEDULE 2
Articles 2(10) and 3(10)


NEW SCHEDULE TO BE INSERTED AFTER SCHEDULE 3 TO EACH OF THE RENT OFFICERS (HOUSING BENEFIT FUNCTIONS) ORDER 1997AND THE RENT OFFICERS (HOUSING BENEFIT FUNCTIONS) (SCOTLAND) ORDER 1997




SCHEDULE 3A
Articles 2(2) and 4B


PART I


Categories of dwelling
     1.  - (1) The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2)(a)(i) are - 

    (2) In sub-paragraph (1)(b) to (f) of this paragraph and in paragraph 3 "room" means a bedroom or room suitable for living in, except for a room which the tenant shares with any person other than - 

Formula for local housing allowance for category of dwelling in paragraph 1(1)(a)
     2.  - (1) The rent officer shall determine a local housing allowance for the category of dwelling in paragraph 1(1)(a) in accordance with the following formula - 

A =H+L

2
where - A is the local housing allowance;

H is the highest rent which, in the rent officer's opinion - 

L is the lowest rent which, in the rent officer's opinion - 

    (2) The criteria are - 

    (3) When ascertaining H and L under sub-paragraph (1) the rent officer shall - 

    (4) When ascertaining H and L under sub-paragraph (1) the rent officer may, where he is not satisfied that - 

take account of rents in other similar areas in which he believes a comparable market exists.

Formula for local housing allowance for other categories of dwelling
     3.  - (1) For categories of dwelling other than the category of dwelling in paragraph 1(1)(a), the rent officer shall determine a local housing allowance in accordance with the formula - 

B =H+L

2
where - B is the local housing allowance;

H is the highest rent which, in the rent officer's opinion - 

L is the lowest rent which, in the rent officer's opinion - 

    (2) The criteria are that the dwelling under the assured tenancy - 

    (3) Sub-paragraphs (3) and (4) of paragraph 2 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph, except that "in respect of which the local housing allowance is being determined" shall be substituted for "set out in paragraph 1(1)(a)".

Broad rental market area
     4. In this Schedule "broad rental market area" means an area - 



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 and the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 which confer functions on rent officers in connection with housing benefit and rent allowance subsidy. The amendments will come into force on the dates specified in relation to the areas of specified local authorities which will subsequently become pathfinder authorities.

Article 2 amends the Rent Officers (Housing Benefit Functions) Order 1997.

Article 2(2) inserts definitions, including those for three new types of determinations.

Article 2(3) amends the definition of "relevant time".

Article 2(4) removes the requirement to make indicative rent level determinations for pathfinder authorities.

Article 2(5) inserts articles 4B to 4E. Article 4B requires rent officers to determine and give notice of broad rental market areas and local housing allowance determinations. Article 4C provides for rent officers to make and give notice of board and attendance determinations and for an application for such a determination to be treated as an application under regulation 12A(1) of the Housing Benefit (General) Regulations 1987 in certain circumstances. Article 4D makes provision in relation to board and attendance redeterminations and article 4E makes provision in relation to substitute board and attendance determinations and substitute board and attendance redeterminations.

Article 2(6) amends article 5 to provide for a rent officer to seek further information in relation to board and attendance redeterminations.

Article 2(7) amends article 6 to provide that the rent officer shall not make a board and attendance determination or redetermination if the application is withdrawn and must notify the local authority where he is aware that such an application does not give rise to a duty to make a determination.

Article 2(8) renumbers the existing provision in article 7A and makes provision for the rent officer to notify the pathfinder authority of certain errors in relation to board and attendance determinations and redeterminations, broad rental market area and local housing allowance determinations and to give notice of amended broad rental market area and local housing allowance determinations.

Article 2(9) makes minor drafting amendments to paragraph 5 of Schedule 1.

Article 2(10) inserts Schedule 3A, Part I of which makes provision in relation to local housing allowance determinations, broad rental market areas and Part II of which lists the local authorities that will become pathfinder authorities and the dates on which this will occur.

Article 3 makes equivalent amendments in the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997.


Notes:

[1] 1996 c. 52.back

[2] 1992 c. 5.back

[3] S.I.1997/1984. Relevant amending instruments are S.I. 2000/1, 2001/1325 and 2003/478.back

[4] S.I. 1987/1971. Relevant amending instruments are S.I. 1989/416, 1990/546 and 1775, 1993/317, 1994/306, 1995/560, 1644 and 2868, 1998/3257, 1999/2401, 2000/4, 2001/1605 and 2003/48, 1338 and 2399.back

[5] S.I. 1997/1995. Relevant amending instruments are S.I. 2000/3, 2001/1326 and 2003/478.back

[6] S.I. 1987/1971. Relevant amending instruments are S.I. 1989/416, 1990/546 and 1775, 1993/317, 1994/306, 1995/560, 1644 and 2868, 1998/3257, 1999/2401, 2000/4, 2001/1605 and 2003/48, 1338 and 2399.back

[7] S.I. 1987/1971. Relevant amending instruments are S.I. 1989/416, 1990/546 and 1775, 1993/317, 1994/306, 1995/560, 1644 and 2868, 1998/3257, 1999/2401, 2000/4, 2001/1605 and 2003/48, 1338 and 2399.back



ISBN 0 11 047596 8


  Prepared 24 September 2003


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